umm, it wasn’t something you waited for, it was a button you had to push, each gym you had gave you 10 coins, and you could only push the button once a day. It didn’t matter if it had been there 10 seconds, or 10 days.

If you actually read the artical he wasn't playing Pokemon go, his phone was dead because he had been playing and was looking for his charge cable.

I have had the unfortunate privilege of reading the entire lawsuit, first and foremost all the pokestops and gyms are in the park, the lawsuit even includes a map that displays and confirms this